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1. LD & KL Trust v MT & HB LCRO 25/2015 (15 April 2016) [pdf, 106 KB]

   ...of the existence of the second mortgage he would not have invested Trust funds in the advance. He argues this was relevant information that should have been disclosed and by not doing so the lawyers have breached rule 7 of the Conduct and Client Care Rules16 [43] In CM v JD and others I addressed the relationship between the Nominee Company Rules and the Conduct and Client Care Rules. I noted that: (disclosure and communication of information to clients). 17 … it is necessary...

2. LCRO 207/2018 PC v FM (10 September 2019) [pdf, 499 KB]

   ...willing buyer for the business found their losses would have been far less. 24) Mr ZL’s desired outcome is that Mr FM is censured and that the Committee examine the culpability of his supervising partner. The Committee in its discretion having carefully considered the complaint, the practitioner’s response and the further detailed submissions prepared by Mr ZL on Ms PC’s behalf, concluded that any further action is unnecessary or inappropriate in the circumstances. 25) Ms PC...

3. Adoption Amendment Bill Document Pack_FINAL [pdf, 1.7 MB]

   ...the Adoption Act are met). Children and young people 1 Section 17 applies to overseas adoptions if the adoption was legally valid in the country that it was made, gives the adoptive parent’s greater responsibility for the child’s day-to-day care than the birth parents, and is made in a specific country or gives the adoptive parents the same or greater inheritance rights than the birth parents. S6(a) S6(c) COLLINS Cross-Out COLLINS Cross-Out 2 RESTRICTED / CABINET R...

4. 20240228-Corrections-Victim-Protection-Amendment-Bill-BORA.pdf [pdf, 184 KB]

   LEGAL ADVICE LPA 01 01 24 15 February 2024 Hon Judith Collins KC, Attorney-General Consistency with the New Zealand Bill of Rights Act 1990: Corrections (Victim Protection) Amendment Bill Purpose 1. We have considered whether the Corrections (Victim Protection) Amendment Bill (the Bill), a member’s Bill in the name of Rima Nakhle MP, is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (the Bill of Rights Act). 2. We have concl...

5. The court & enduring power of attorney (EPA)

   ...Court Types of EPA application Who can apply to the court Certificate of non-revocation and non-suspension of EPA Forms to apply for an EPA review Setting up an EPA An enduring power of attorney (EPA) is a legal document which sets out who can take care of your personal or financial matters if you can't. That person is called your attorney. You can set up an enduring power of attorney through a lawyer or trustee corporation. You don’t need to go through the Family Court to set it up but the...

   Located in:

   1. Family >
   2. Powers to make decisions for others

6. NI v Q Ltd [2024] NZDT 407 (4 April 2024) [pdf, 200 KB]

   ...protect some items. There is no evidence to suggest there was intentional damage to the mattress. 21. NI said that he thought the movers had touched the sofa to the side of the outside brick wall when moving it. NI said he asked the movers to be careful with the next one but did not raise the question of damage at the time of the move. 22. I accept Q Ltd’ point that given both NI and the moving staff were in contact with the office during the move, if damage had been caused at thi...

7. CM v XH LCRO 97 / 2010 (5 July 2011) [pdf, 114 KB]

   ...separate and other related matters. This email was sent to the Applicant‟s email address at his work. The Applicant complained that the Practitioner ought to have sent it to his lawyer. He further alleged that the Practitioner had failed to protect his privacy [12] The second complaint alleged that the Practitioner had failed in his duty to promote reconciliation or conciliation. Much of his information was devoted to describing the consequences of what he perceived as resulti...

8. LCRO 20/2016 LC and CM v JP (19 March 2019) [pdf, 238 KB]

   ...clients. Lawyers should not be expected to persuade the parties to provide that instruction. 2. Be mindful that the purchaser would usually not consent to an early release. This is because once the deposit has been released the purchaser loses the protection of having the monies held in trust should any complications arise. 3. State their reasons clearly as to why an early release, in the particular case, is necessary. For example, the vendor may need the balance of the deposit m...

9. LCRO 201/2021 DK obo The LK Estate v BY and FM (31 July 2023) [pdf, 305 KB]

   ...complaints brought by the Bar ... [63] He did go on to say that: But it has also been said that res judicata or double jeopardy principles may not apply to disciplinary bodies because their “disciplinary requirements serve purposes essential to the protection of the public, which are deemed remedial, rather than punitive”: Spencer v Maryland State Board of Pharmacy, 846 A 2d 341, 352 (Maryland Court of Appeals, 2003); cf Re Fisher, 202 P 3d 1186, 1199 (Sup Ct, Colorado, 2009). [6...

10. CAC20005 v Morton-Jones [2015] NZREADT 71 [pdf, 141 KB]

    ...prosecution having encapsulated submissions under the above heading which are substantially as follows. [8] It is well established that penalty decisions of professional disciplinary tribunals should emphasise the maintenance of high standards and the protection of the public through specific and general deterrence. While this may result in orders having a punitive effect, this is not their purpose; Z v CAC [2009] 1 NZLR 1; CAC v Walker [2011] NZREADT 4. Section 110(2) of the Act set...